THIS IS A RUSH TRANSCRIPT. THIS COPY MAY NOT BE IN ITS FINAL FORM AND MAY BE UPDATED.

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GOV. SUSANA MARTINEZ (R), NEW MEXICO: While students were gathered in the gym this individual opened fire.

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CHRIS CUOMO, CNN ANCHOR: Boy shooter. A student opens fire at a New Mexico middle school. Two kids hospitalized. One critically injured. And the shooter only 12 years old.

How can someone so young turn so dangerous?

KATE BOLDUAN, CNN ANCHOR: Dramatic new video from the moments after the Asiana Airlines crash in San Francisco. Firefighters rushing to the scene and what it shows happened to the young woman killed on the runway.

CUOMO: The great Bieber raid of 2014. The pop star's house swarmed by police. He's questioned in his own garage. It starts off about eggs but becomes about heavy drugs.

What happens next?

Your NEW DAY continues right now.

ANNOUNCER: This is NEW DAY with Chris Cuomo, Kate Bolduan and Michaela Pereira.

BOLDUAN: Good morning, and welcome back to NEW DAY. It is Wednesday, January 15th, 8:00 in the East.

We begin this hour with the very latest on that shooting at a middle school in Roswell, New Mexico. The suspect, a student, just 12 years old. And a new revelation we're learning he may have warned some students not to go to school before the attack.

Two students were hit by gunfire, one of them an 11-year-old boy, is fighting for his life this morning. A teacher was somehow able to get through to the shooter convincing him to put the gun down.

CNN's Stephanie Elam is live in Roswell with the very latest -- Stephanie.

STEPHANIE ELAM, CNN CORRESPONDENT: Good morning, Kate. And police are crediting the fact that active shooter training had happened for this school in advance, and they're saying if it hadn't been for these teachers intervening this situation could have been much worse.

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ELAM (voice-over): A nightmare striking this Roswell, New Mexico, middle school Tuesday morning.

UNIDENTIFIED 911 DISPATCHER: We have one student or female subject possibly shot.

ELAM: Police say around 7:30, a 7th grader, just 12 years old, pulled a sawed off 20-gauge shotgun out of a bag inside the gym opening fire and striking two students.

UNIDENTIFIED 911 DISPATCHER: We have a report of possibly two patients shot at this time.

ELAM: The two students injured in the shooting airlifted to a hospital in Lubbock, Texas. An 11-year-old boy in critical condition after suffering injuries to his face and neck. And 13-year-old Kendal Sanders now in stable condition after being shot in her right shoulder.

UNIDENTIFIED FEMALE: It just breaks your heart, you know, to see these kids, they're too young to have to witness and be a part of such a tragedy.

ELAM: Ten seconds of terror as heroes like 8th grade social studies teacher, John Masterson, bravely stare down the barrel of the shooter's gun.

MARTINEZ: Mr. Masterson then begins to talk to him to put it down. The young man put the gun down and raised his hands. At that time, he put the young man up against the wall.

ELAM: Another middle school staffer sustained injuries but refused care so he could stay with the students in the gym.

CHIEF PETE KASSETAS, NEW MEXICO STATE POLICE: I commend the principal and the people that work at this school for saving many more lives.

ELAM: Residents in Roswell now trying to heal.

UNIDENTIFIED MALE: We know that we need to pray for two children.

ELAM: After becoming the latest American town rocked by a school shooting.

MARTINEZ: Please keep these two children in your prayers who were shot while simply sitting in their gym waiting to go to class. God bless those kids.

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ELAM: And there will be no class today here at this middle school as the community tries to come to grips with what has happened here. They will also have counseling available. Meantime, investigators and police continue to look into why, why this 12-year-old boy went ahead and did what he did yesterday -- Chris.

CUOMO: All right, Stephanie. Thank you very much.

We have new stunning video from the scene of that Asiana Airlines crash last summer. It shows emergency responders warned twice that a survivor is lying nearby and twice they run her over.

CNN's Dan Simon is live at the San Francisco airport.

Dan, this is tough to believe.

DAN SIMON, CNN CORRESPONDENT: Yes. Good morning, Chris.

It was one of the most heartbreaking aspects of this crash. Here you have this 16-year-old girl from China who survived only to be run over by those fire trucks. Now we're seeing this video and it raises serious questions about how firefighters conducted themselves.

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UNIDENTIFIED MALE: Whoa, whoa, whoa, stop, stop, stop. There's a body right -- there's a body right there, right in front of you.

SIMON (voice-over): Chilling new video obtained by CBS News giving us a rare up close look from a firefighter's helmet cam. The chaotic moments first responders encountered after Asiana Flight 214 crash landed in San Francisco last July.

Sixteen-year-old Ye Meng Yuan was accidentally run over twice by fire trucks. Her family has since filed a wrongful death claim against the city. In particularly blunt language, it accuses first responders of deliberately and knowingly abandoning the teen where they knew she would be in harm's way.

UNIDENTIFIED MALE: Whoa, whoa, whoa, stop, stop, stop. There's a body right -- there's a body right there. Right in front of you.

SIMON: Does the new video prove the tragic accident could have been avoided? There is also this. Another camera appears to show a firefighter directing the truck around the victim.

JOANNE HAYES-WHITE, SAN FRANCISCO FIRE CHIEF: We're heartbroken. We're in the business of saving lives and many lives were saved that day.

SIMON: This video may be crucial to understanding what happened to Ye who the coroner says survived the crash, but died from injuries she suffered after being run over.

At the time officials said Ye's body was obscured by foam and couldn't be seen by the trucks. That combined with the chaos of putting out the fire and rescuing victims. MAYOR EDWIN LEE, SAN FRANCISCO: I will say this, it was very, very hectic, very emergency mode at the crash site minutes after the airplane came to rest and there was smoke inhalation and people were coming out of the fuselage as fast as they could.

SIMON: The spectacular crash of Asiana Flight 214 was captured on amateur video and on surveillance cameras. The Boeing 777 descending too low on landing crashing into the sea wall and cart-wheeling across the runway, tragically claiming the lives of three passengers and ejecting two flight attendants from the aircraft on impact.

A court may eventually have to decide whether fire crews in this video were negligent and should be held accountable for the teenager's death.

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SIMON: So we know the pilots made an error by coming in too low with that aircraft. Now it appears the fire department made an error in responding to the scene. We reached out to them for response now that this video has come out. At this point they have not gotten back to us.

Kate, we'll send it back to you.

BOLDUAN: Yes. Especially as litigation is pending.

Dan, thank you very much for that.

More than -- more than one million Americans who've lost their long- term unemployment benefits are still in limbo this morning. Two votes to keep the checks coming were shot down Tuesday in the Senate and now Senate leaders have decided to announce a cooling off period if you will.

Chief congressional correspondent Dana Bash always following it for us on Capitol Hill.

Good morning, Dana.

DANA BASH, CNN CHIEF CONGRESSIONAL CORRESPONDENT: Good morning, Kate.

Well, I have some bad news for those 1.3 million Americans who have lost those long-term unemployment benefits and that is they're not going to see government help any time soon and the reason it seems is that they are a victim, the latest victim of dysfunction.

You mentioned that there was a cooling off period. That was the term a Senate Democratic source said to me and the translation is that it is all but dead for now. Now what happened? The two sides couldn't or maybe a better way to say, Kate, wouldn't come to an agreement on several things.

First of all, just the policy. How long to extend these benefits. Some Democrats wanted three months, others wanted longer. And more importantly how to pay for it. Democrats at the beginning didn't want to pay for it at all, didn't want to offset it, saying it was an emergency. Republicans said absolutely, you have to offset it with other budget cuts.

And they simply couldn't come to agreement despite the fact that eight Republican senators were working in earnest trying to come up with a deal with Democrats. But the talks simply dissolved.

And then yesterday everything kind of went out of whack because of a process issue, because Republicans were upset that Democrats wouldn't let them have their due and said that the deck was stacked against them with regard to how many votes that they could get.

Now people out there listening to me who are not on -- who are not getting unemployment benefits who have been unemployed for years basically are probably saying, are you kidding me? This is something that it's hard to believe the bickering that is going on and they are, again, the victims.

So the question you might ask is, is there any chance that this could be revived because this is such a potent issue. Perhaps. But as you know, Kate, when things are put on the back burner they often die there.

BOLDUAN: Exactly right, Dana. All right, Dana, thank you so much. You'll be covering it no matter what. We'll bring you the latest. We promise you that.

Thanks, Dana.

CUOMO: There's a lot going on this morning. So let's get to John Berman in for Michaela with the headlines.

JOHN BERMAN, CNN ANCHOR: Thanks so much, Chris.

Still more spying revelations about the NSA. The "New York Times" reports the agency has implanted software allowing it to infiltrate nearly 100,000 computers in foreign countries even if the devices are not connected to the Internet. The NSA says the radio wave technology is an active defense against cyber attacks but can be used to launch them as well. The "Times" says the targets include China, Russia and international drug cartels.

The first round of subpoenas could be served tomorrow in the New Jersey bridgegate scandal. Governor Chris Christie acknowledged mistakes were made and that he's ultimately responsible. He did that in Tuesday's State of the State address.

Christie is pledging to cooperate with all appropriate investigations telling the people of New Jersey they deserve better.

To south Texas where schools are still closed as a bitter water dispute builds between the city of La Villa and the school district there. The city shut off water to school campuses last month because it says the schools owe $58,000 for the service. But school leaders say they should not be responsible for the unpaid portion because the city changed the terms of the water usage agreement. Must be great to be a student or a parent there.

And quite a sight in Indonesia. Look at this. New video this morning shows Mount Sinabung. Hope I'm saying that right. Mount Sinabung erupting, ash rained down the mountain covering Surrounding villages in north Sumatra. Look at that. More than 25,000 residents had to abandon the area.

This volcano had been dormant for more than 400 years. It did erupt several times in 2010. It has been active now again over the last few months. Stunning pictures.

BOLDUAN: Beautiful from far away.

BERMAN: Yes.

BOLDUAN: Yes. Thanks, John.

CUOMO: That's exactly right. A picture you always want to see far away unless, of course, you're Indra Petersons who finds that kind of stuff fascinating and enticing.

INDRA PETERSONS, AMS METEOROLOGIST: So true. I'm already thinking how can I get there and check this out. But again kind of like a boat far away in that -- yes, I got you, Kate.

All right. Let's talk about the temperatures over the next several days. They are going to be fluctuating, kind of as several cold fronts make their way through. So notice, it's very easy to tell when the cold front passes Chicago, you go below freezing to above freezing, back to below freezing. So that's how you know we have a couple of changes kind of making their way through across nation.

Real quick if you are traveling right now especially out of Philly, keep in mind you do have about a 24-minute delay. Not a huge deal but low fog around the area which should eventually start to kind of lift and make things better.

So what are we dealing with? Here comes the cold fronts. Here comes the first one here. Very mild. Not a big deal. Again, mostly cloudy conditions. Really all you're going to be looking out of this, maybe some light showers but the bulk of them especially that makes its way offshore are going to be offshore, right?

You've got a little bit of break throughout the day today. It's the second system behind it that's really going to be producing more activity and cooler temperatures. This is coming from farther north and Canada.

Now with that cold air winds really picking up. So blizzard conditions again for the Dakotas in through Minnesota. Snow amounts not so heavy. It's more about the strong winds. Same system makes its way to the northeast by the weekend. Not a huge snow maker, it just really means cooler temperatures for the weekend. Back to the 30s. So mild, not a big deal, unless of course in the Dakotas and Minnesota where there were blizzards. Minor details. BERMAN: Note to self.

PETERSONS: Yes.

BOLDUAN: Note to self.

BERMAN: No Dakotas this weekend.

(LAUGHTER)

PETERSONS: Right.

BOLDUAN: There goes my vacation plans.

Thanks, Indra.

PETERSONS: Sorry.

CUOMO: Let's take a quick break.

Coming up on NEW DAY, a retired couple allegedly murders a young father over texting at a movie theater. Could there ever be a defense for that? Well, it turns out there is. We're going to tell you what the man's lawyer is saying and we will argue the case. You decide.

BOLDUAN: Also ahead, pop star Justin Bieber's home is searched after a neighbor accuses Bieber of egging their home. What investigators found could make things, though, a whole lot worse for Mr. Bieber. We'll talk about it.

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BOLDUAN: Welcome back to NEW DAY.

Seventy-year-old Curtis Reeves, a retired Tampa police captain, is being held this morning without bond. He's accused of fatally shooting a man in a Florida movie theater in a dispute that began when he said the victim was texting during previews. So, what will the suspect's defense look like going forward?

Joey Jackson is an HLN legal analyst joining us now to talk more about this. I have a lot of questions on this one. I think we all do, but Joey, his attorney is saying that he felt threatened. What's the defense?

JOEY JACKSON, HLN LEGAL ANALYST: You know, it's a tough scenario, Kate, obviously, because you go to a movie theater and you expect to be safe. It's a sanctuary. You just want to enjoy and be entertained. And remember, you're going to have to overcome that with the judge and subsequent to that a jury who feels that you may have overreacted.

And so, of course, what the defense will lay out is that it was self- defense, that he was in imminent fear of his life or serious injury, and they'll try to sell that at the same time what the prosecution will argue, Kate, is that it was an overreaction, because remember, the force used has to be proportionate to the threat posed.

BOLDUAN: Well, and that's the thing, because you keep bringing this up, Chris. The threat may have been popcorn.

CUOMO: Right. So, let's game it out.

JACKSON: Sure.

CUOMO: He says that -- he's sitting there watching, doesn't like the texting. OK? He leaves. He comes back. There's an altercation. What could have happened during that altercation that would give even a scintilla of proof that there was an imminent threat of serious injury?

JACKSON: Well, what happens, Chris, is that that's important because what you have to analyze is his state of mind. What did he believe at the time? Was he under attack? Did he feel that he was in fear? He's, you know --

CUOMO: There's got to be reasonable fear.

JACKSON: It absolutely does, because what the law examines to your point is the reasonableness, right? We can all do things and the law protects reasonable people, not a rationality. And so, if you cross that line and it's viewed as an overreaction, you're in a problem zone.

But if he could establish that he really when the popcorn was thrown and the person was potentially coming at him, we don't know that, it will all be under investigation, that he was in fear for his life, that he would be --

CUOMO: Do you think you can be in fear for your life without meaningful contact and really threatening words?

JACKSON: You know, it depends on the scenario, but you certainly can be. And the law, you know, bears that out. You don't have to wait to be hit or to be attacked, but if you reasonably fear that you're going to be under attack, it's another story --

CUOMO: What would be reasonable under these circumstances? Give me something?

JACKSON: Under these circumstances, it could be difficult. But if you have the popcorn thrown, and for example, if the person is coming towards you at the time they're having popcorn and if there are words, we don't know, if there were words that was stated to the effect that there could be attack, then it could go to reasonableness.

CUOMO: Of serious injury? Imminent serious injury?

JACKSON: I get your point. It's a very legitimate point. And that's what we'll be looking at. And I think the judge to your point was very skeptical at the arraignment which is why there was no bail afforded here.

CUOMO: He dismissed stand your ground, by the way.

BOLDUAN: How does it play into -- how does the fact that he is a retired police captain play into this? Because I almost can see it both ways. As a retired police captain, you should understand scenarios that where it is appropriate to pull out a gun. I actually --

JACKSON: Well, you know, there's a double edge sword.

BOLDUAN: Now, I'm trying to argue it.

JACKSON: There are two sides. On the one hand, you should know that because you're trained and you're experienced and you should know when it's appropriate to draw your weapon and certainly not only to draw but to use your weapon. That's the one side of it. The other side of it is, remember, as a law enforcement official, you've seen the worst in society.

You know what things can come to you. You know how bad things can get. And so, does that affect your state of mind to the degree that you should act before someone acts against you?

CUOMO: And state of mind is relevant here because of what we hear from this woman in a prior incident where he supposedly got very hot and bothered with her in terms of her being texting, which may go to his state of mind which doesn't play to his reasonableness.

JACKSON: That's very big, Chris. Now, obviously, the defense what you're going to argue and what you're saying is there was a prior texting incident where apparently he became so enraged at this prior texter that he followed her --

BOLDUAN: He followed her to the bathroom.

JACKSON: And she felt really threatened by him, so of course, the prosecution is going to attempt to introduce that in this case to show that he had some motive, to show he had some intent, to show that it bothered him. The defense, of course, will try to preclude it, throw it out of trial to say it's not relevant. It's not significant to what happened here.

CUOMO: Go to state of mind.

JACKSON: It could, certainly, and then, it will be up to a judge to make that determination.

BOLDUAN: Horrible situation all around.

JACKSON: Really bad. Really bad.

BOLDUAN: Well, Joey, thank you so much. Lots of questions to be answered. And I clearly not asking --

JACKSON: Always a pleasure, Kate.

(CROSSTALK) CUOMO: Thank you for laying it out.

BOLDUAN: We're going to take a break here on NEW DAY. But coming up next, we're going to have more of our exclusive interview, after about nine months in prison in the United Arab Emirates, Shezanne Cassim is free. We have been following his story since his arrest over a satirical video posted online. He and his family who've been fighting for his release, they're going to be joining us coming up.

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JOHN BERMAN, CNN ANCHOR: Welcome back to NEW DAY, everyone. Time for the five things you need to know for your NEW DAY.

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BERMAN (voice-over): Number one, a 12-year-old New Mexico middle school student is in custody this morning. Police say he shot two students in his school gym Tuesday. One of them, an 11-year-old boy, is in critical condition.

Dramatic new video from the crash of Asiana flight 214 last year in San Francisco. It shows first responders were warned twice about a teenage girl lying on the runway but still she was run over by fire trucks and killed.

Budget battles on Capitol Hill could take a breather after today. The House is expected to pass a $1 trillion spending bill that funds the federal government into October.

Happening now, the second final day of voting on a new constitution in Egypt. It was drawn up after the military removed President Mohamad Morsi of the Muslim Brotherhood which is boycotting the vote.

Today, New York and New Jersey authorities will unveil security preparations for Super Bowl XLVIII. It will be played at MetLife Stadium on February 2nd.

(END VIDEOTAPE)

BERMAN (on-camera): We're always updating the five things you need to know. So, go to NEWDAYCNN.com for the latest -- Kate.

BOLDUAN: Thanks, John. New trouble this morning for pop star, Justin Bieber. Police in Los Angeles raided his home after a neighbor accused Bieber of pelting his house with eggs and causing $20,000 worth of damage in the process. Inside, the cops found illegal drugs and arrested the singer's friends. CNNs Nischelle Turner is following the developments live in Los Angeles. This is a strange one, Nischelle.

NISCHELLE TURNER, CNN CORRESPONDENT: It is, Kate. And you know, I've actually heard about 101 jokes made about this story because of the fact that they were looking for eggs. But this is actually very serious because the L.A. County sheriff's department was executing a felony search warrant that now could prove very costly for one Justin Bieber.

TURNER: Video that could reveal whether the entertainer was involved in damaging a neighbor's home.

UNIDENTIFIED FEMALE: Hi. I would like to place an assault.

TURNER: It started Thursday when a neighbor of Bieber's claimed the star threw these eggs at his home. CNN couldn't verify the authenticity of this video.

UNIDENTIFIED MALE: Yes. You're a big (EXPLETIVE DELETED), aren't you?

TURNER: According to TMZ, the neighbor seems to believe Bieber was on the other end of this verbal altercation.

(EXPLETIVE DELETED)

UNIDENTIFIED MALE: I got another one for you.

UNIDENTIFIED MALE: Yes. Come right over here you (EXPLETIVE DELETED).

TURNER: The damage is estimated by the homeowner to be around $20,000.

LT. DAVE THOMPSON, LOS ANGELES COUNTY SHERIFF'S DEPT: I get that it was done with eggs which makes you feel that it's a lower level crime but a felony crime is a felony crime no matter how you commit it.

TURNER: According to the deputies, Bieber was cooperative but one of the singer's guests, rapper, Lil Za, was arrested when police allegedly found drugs believed to be ecstasy and Xanax.

BRIAN BALTHAZAR, ENTERTAINMENT JOURNALIST: I don't really think this is about just a bunch of eggs being thrown at the house. I think this is about a bunch of neighbors who've had enough of a carefree, somewhat reckless 19-year-old pop star.

TURNER: This is just the latest in a string of Bieber blunders.

(EXPLETIVE DELETED).

TURNER: Back in March, he lashed out at the paparazzo in the UK. And in May, two neighbors called police after catching the star allegedly speeding down residential street. Now, the 19-year-old mogul with a top ten album and a legion of fans will possibly be prosecuted if investigators find enough evidence. UNIDENTIFIED MALE: None of this has anything to do with him being a celebrity. This is a felony crime.

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TURNER (on-camera): And by the way, that $20,000 damage figure authorities say comes from the fact that the houses in that area are so expensive that any damage done, the price is escalated.